Agar Supply Co., Inc. v. David-Hodosh Co., Inc.

This is a civil action wherein the plaintiff seeks to recover the value of goods sold and delivered to the defendant. The defendant in its answer filed a 'counterclaim for damages, alleging that the goods were unfit for human consumption and of unmerchantable quality. Trial was held to a Superior Court justice sitting without a jury, and judgment was entered for the plaintiff in the amount of $7,051.20, plus interest of $775.63, for a total of $7,-826.83. From this judgment, the defendant now appeals.

The plaintiff, Agar Supply Co., Inc. (hereinafter Agar), a Massachusetts corporation, is…